Sanjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47165 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- BALIYA District- Begusarai ====================================================== Sanjeet Yadav Son of Mahendra Yadav Resident of Village- Phulwariya, Ward No. 7, P.S.- Baliya, District- Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-01-2022 Heard learned counsel for the petitioner and Shri Ramchandra Singh, learned A.P.P. for the State through virtual Court proceedings.

The petitioner seeks bail in connection with Balia P.S. Case No. 9 of 2020 instituted for the offences under Sections 302, 201, 120B and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 04.01.2021 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that as per prosecution case while the informant along with his son went for walk, all six F.I.R. named accused persons armed with pistol and katta surrounded the son of the informant and threatened him to kill, on seeing this the informant went back to his village

Patna High Court CR. MISC. No.47165 of 2021(2) dt.18-01-2022 2/3 and informed the villagers about the incident, later on upon search being made the dead body of the son of the informant was found in the field of Anandi Yadav at Phulwariya, Naya Tola. Accordingly it is alleged, based on suspicion, that all the accused persons committed murder of the son of the informant. Learned counsel for the petitioner submits that petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 04.01.2021. It is further submitted that there is no eye-witness to the alleged occurrence and charge-sheet has been filed. It is further submitted that similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court vide order dated 11.12.2020 in Cr. Misc. No. 30668 of 2020, order dated 11.01.2021 in Cr. Misc. No. 29996 of 2020 and order dated 02.02.2021 in Cr. Misc. No. 28906 of 2020 (Kirandeo Yadav vs. the State of Bihar) Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 04.01.2021, charge-sheet has been submitted and similarly situated co-accused have been granted bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.47165 of 2021(2) dt.18-01-2022 3/3 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Balia P.S. Case No. 9 of 2020.

Learned counsel for the petitioner, Shri Sanjeev Ranjan undertakes to rectify the pleadings made at paragraph '4' and '8' of the bail application within one week after the Court starts functioning in physical mode.

(Satyavrat Verma, J) Rishi/- U T